JUDGMENT :

Surya Kant, J.

1. Leave granted.

2. The issue that requires our consideration in this case is whether the services rendered by primary teachers while in the service of the Zilla Parishad (hereinafter “ZP”) deserves to be counted towards their seniority after the transfer and merger of their services into the Pune Municipal Corporation (hereinafter “PMC”)?

FACTS:

3. The State of Maharashtra is vested with the power to specify a ‘larger urban area’ of a municipal corporation under Section 3(1) of the Maharashtra Municipal Corporation Act, 1949 (in short, “MMC Act”). Such an area can further be altered by issuing a Notification under Section 3(3). The expression, “larger urban area” is defined under Article 243Q(2) of the Constitution, which says that:-

“(2) In this article, “a transitional area” a “smaller urban area” or “a larger urban area” means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purp